12068 Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules 

Archipelago of Alaska, British 

Columbia, Washington, and Oregon to 

northern Monterey Bay in central 

California. Birds winter throughout the 

breeding range and also occur in small 

numbers off southern California. 

Marbled murrelets spend most of their 

lives in the marine environment where 

they forage in near-shore areas and 

consume a diversity of prey species 

including small fish and invertebrates. 

In their terrestrial environment, the 

presence of platforms used for nesting is 

the most important characteristic of the 

species nesting habitat. Marbled 

murrelet habitat use is positively 

associated with the presence and 

abundance of mature and old-growth 

forests, large core areas of old-growth, 

low amounts of edge and fragmentation, 

proximity to the marine environment, 

and increasing forest age and height. 

The marbled murrelet was listed as 

threatened under the Act on October 1, 

1992, (57 FR 45328), and critical habitat 

was designated on May 24, 1996 (61 FR 

26256). On September 12, 2006, we 

proposed to revise the currently 

designated critical habitat for the 

marbled murrelet in Washington, 

Oregon, and California. In that proposed 

revision, we proposed to designate 

3,590,642 acres (ac) (1,363,300 hectares 

(ha)) as critical habitat, and to exclude 

3,368,950 ac (1,363,300 ha) of these 

lands under section 4(b)(2) of the Act 

from the final designation (71 FR 

53838). On June 26, 2007, we published 

a notice in the Federal Register 

reopening the comment period and 

announcing the availability of a draft 

economic analysis on the proposed 

revision (72 FR 35025). The comment 

period was once again reopened with 

the publication of a notice in the 

Federal Register on September 5, 2007, 

(72 FR 50929). 

Finding 

This notice presents our finding 

pursuant to section 4(b)(6)(A)(i)(II) of 

the Act that a final regulation to 

implement the proposed revision to 

murrelet critical habitat should not be 

made at this time. The basis for this 

finding is described below. 

Background 

The Bureau of Land Management 

(BLM) is currently completing its 

Western Oregon Plan Revision (WOPR), 

which will result in revised Resource 

Management Plans for the Salem, 

Eugene, Coos Bay, Roseburg, and 

Medford Districts, and the Klamath 

Falls Resource Area of the Lakeview 

District Office. We are continuing to 

work cooperatively with the BLM as 

they develop their final management 

plan revisions. We recognize that the 

revised management plans will have 

significant effects on future 

conservation of the species. Due to 

uncertainties regarding these plan 

revisions in western Oregon, we have 

determined that it is not appropriate to 

revise the designation of critical habitat 

for the marbled murrelet at this time. 

We will continue to consider whether 

revisions of critical habitat for the 

marbled murrelet may be appropriate at 

some future point. Accordingly, the May 

24, 1996, final rule designating critical 

habitat for the marbled murrelet remains 

in effect (61 FR 26256). 

On April 8, 2002, the American Forest 

Resource Council (AFRC) filed a lawsuit 

in the case of AFRC et al. v. Secretary 

of the Interior, Civ. No. 02–06087 AA 

(D. OR) challenging the marbled 

murrelet critical habitat designation that 

was made on May 24, 1996 (61 FR 

26256). The Service entered into a 

settlement agreement to review the 

critical habitat designation and make 

any revisions it deemed appropriate, 

after a revised consideration of 

economic and any other relevant 

impacts of designation. Pursuant to the 

settlement agreement, the Service 

published a proposed revision to critical 

habitat for the marbled murrelet on 

September 12, 2006 (71 FR 53838), 

which included minor adjustments to 

the original designation and proposed 

several exclusions under section 4(b)(2) 

of the Act. The Service also developed 

an economic analysis that was 

consistent with New Mexico Cattle 

Growers Association v. USFWS, 248 

F.3d 1277 (10th Cir. 2001), but because 

of the reasons discussed above, the 

Service will not be relying on this 

analysis to finalize critical habitat at this 

time. The above actions and the 

publication of this Federal Register 

notice complete the Service’s 

obligations under the settlement 

agreement. 

In summary, due to the uncertainty 

regarding the effects of current BLM 

Resource Management Plan revisions, 

we find that it is not appropriate to 

revise critical habitat at this time, and 

therefore that the proposed revision of 

critical habitat for the marbled murrelet 

should not be made. Accordingly, the 

May 24, 1996, final rule designating 

critical habitat for the marbled murrelet 

remains in effect (61 FR 26256). 

Author(s) 

The authors of this document are the 

staff of the Pacific Regional Office, U.S. 

Fish and Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: February 27, 2008. 

Lyle Laverty, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. E8–4318 Filed 3–5–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

RIN 0648-AV35 

Endangered and Threatened Species; 

Critical Habitat for Threatened Elkhorn 

and Staghorn Corals 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects a map 

in the regulatory language of a proposed 

rule published in the Federal Register 

of February 6, 2008. This correction 

makes the map of the Florida area of 

critical habitat for elkhorn and staghorn 

corals consistent with the textual 

description. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Moore or Sarah Heberling at 

727–824–5312; or Marta Nammack at 

301–713–1401. 

SUPPLEMENTARY INFORMATION: 

Correction 

In proposed rule FR Doc. 08 497, 

beginning on page 6895 in the issue of 

February 6, 2008, make the following 

correction, in the Regulatory Language 

section. On page 6912, replace the map 

labeled ‘‘Critical Habitat for Elkhorn and 

Staghorn Corals, Area 1: Florida’’ with 

the following map: 


rfrederick on PROD1PC67 with PROPOSALS
Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules 12069 

BILLING CODE 3510–22–S Dated: February 29, 2008. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 08–973 Filed 3–5–08; 8:45 am] 

BILLING CODE 3510–22–C 


rfrederick on PROD1PC67 with PROPOSALSEP06mr08.003</GPH>